Sandeep Tulsiram Agrawal vs Recovery Officer, Epf Regional ...
2021 Latest Caselaw 1756 Guj

         C/SCA/2397/2021                                       ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 2397 of 2021

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               SANDEEP TULSIRAM AGRAWAL
                           Versus
     RECOVERY OFFICER, EPF REGIONAL OFFICE AHMEDABAD
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Appearance:
MR MIHIR THAKORE SR ADVOCATE with
MR SALIL M THAKORE(5821) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                           Date : 05/02/2021

                            ORAL ORDER

1. Heard learned senior advocate Mr.Mihir Thakore with learned advocate Mr.Salil M. Thakore for the petitioner through video conference.

2. Mr.Thakore submits that, as stated in impugned notice at Annexure­A to this petition, wherein petitioner has been addressed as 'employer' of M/s. Kushal Limited, according to him 'employer' is defined in Section 2(e) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ('EPFO Act' for short) and considering the definition of 'employer' read with Section 17B of the EPFO Act, the petitioner cannot be termed as 'employer' and hence entire notice is without authority and is misconceived. Mr.Thakore draws attention of this Court to observations made in paras:30 and 34 of the judgment dated 21.08.2008 rendered in Special Civil Application No.3843 of 2008 and on the basis of those observations he submits that petitioner cannot be held responsible

C/SCA/2397/2021 ORDER

for default committed by the company and hence petitioner is required to be protected. He also submits that in case if the petitioner is not arrested, he will cooperate before the concerned authority i.e. Recovery Officer, EPFO, Ahmedabad and will participate in the proceedings pursuant to the show cause notice. Apart from submitting his points, he also submits that petitioner is ready and willing to file detailed reply to the show cause notice.

3. In view of above submissions, issue Notice to the respondent returnable on 08.03.2021 with a direction that the petitioner shall appear before the respondent authority on 08.02.2021 pursuant to the show cause notice dated 13.01.2021 and the respondent authority may take into consideration the oral as well as written submission that may be filed by the petitioner but shall not arrest the petitioner, till the next date of hearing. Direct service today is permitted.

(NIRZAR S. DESAI,J) MISHRA AMIT V.